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CJCJ's Executive Director Daniel Macallair, is a practitioner-in-residence at San Francisco State University (SFSU)'s Department of Criminal Justice Studies. These slides are from his Intervention …

CJCJ's Executive Director Daniel Macallair, is a practitioner-in-residence at San Francisco State University (SFSU)'s Department of Criminal Justice Studies. These slides are from his Intervention Policies in Juvenile Justice course materials.

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  • 1. The San Francisco Industrial School and the Origins ofCalifornia’s Juvenile Justice System 1850 – 1892 By Daniel Macallair 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 2. Historical RootsNew York House of Refuge established in 1825 by the New York Legislature and the Society for the Reformation of Juvenile Delinquency as the first institution in the United States for neglected, vagrant and delinquent youths. Ushers in a new era of state intervention in the care children… 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 3. 40 Boardman Place www.cjcj.orgSan Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 4. California becomes the 31st State 1850 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 5. The Impact of the Gold Rush• Arrival of the gold seeking “49ers” increases San Francisco’s population from 459 in 1847 to 56,802 by 1860. The largest peace time migration in modern history• San Francisco quickly becomes largest American city West of the Mississippi River• Lawlessness and disorder consume the city as gangs of young men roam the city with impunity• Committees of Vigilance established in 1852 and 1856 by civic leaders to restore law and order 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 6. House of Refuge Movement Comes to California• San Francisco leaders look to the East Coast cities for solutions to growing population of vagrant and destitute children• 1852 San Francisco Board of Supervisors designate plot of land located in city’s southern sector for future House of Refuge 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 7. The Problem of Vagrant and Destitute Children in Gold Rush San Francisco“We should remember that those little boys whom wesee wandering about the streets ragged and dirty,spending the day time in watching opportunities for theft,and at night coiling themselves up in barrels, or amongbales and boxes upon the wharves; it should recollected,we say, that those drinking, swearing, loafing children,most of them, become so from the force ofcircumstances, and that society at large is, to a greatextent, responsible to itself for the amount of evil theymay do in the future, as well as morally responsible tothe children themselves (SF Chronicle 1856).” 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 8. Industrial School Act of 1858• California legislature creates first institution on the West Coast for neglected and delinquent youths.• Industrial School’s purpose was “…the detention, management, reformation, education, and maintenance of such children as shall be committed or surrendered thereto… 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 9. Colonel J.B. Crockett delivers the Industrial School’s Inaugural AddressIndeed, such an institution is absolutely indispensable at San Francisco. Ourneed for it is greater even, than that of more populous cities elsewhere; and forvery obvious reasons. The journey to California from the Atlantic States andfrom Europe is long arduous. Many families arrive here sick and destitute, andin their struggles with poverty and disease, their children are utterly neglectedand left to shift for themselves. The sequel is soon told. They ramble throughthe streets, fall into bad company, and quickly become thieves and vagabonds.Another reason is to be found in the fact that so many families have nopermanent homes, but live at boarding houses, hotels, or in some temporarymanner, by means of which wholesome home influences are destroyed orimpaired, and the children are almost withdrawn for the parental authority….There is but one remedy for these evils. The offenders must be withdrawn fromevil associations. They must be restrained from all vicious indulgences, and, byconsiderate kindness, must be weaned from their ill practices. They must betaught to labor, and must be elevated in their own esteem…We have only to follow the example of New York, and Pennsylvania, andMassachusetts, and Missouri, and the result will not be doubtful. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 10. San Francisco Industrial School 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 11. Robert Durkin was the first youth committed to the SF Industrial School upon its opening in 1859 Robert Durrkin (left) and John Ellich: Faces of the Industrial School40 Boardman Place www.cjcj.orgSan Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 12. Bob Durkin in later years Bob Durkin alias Frank Russell alias John Reed No. 15252 was the first prisoner sent to the Industrial School in this city in the early days. Then on Feb 16th 1865 he was sent to San Quentin from Sacramento County for burglary. On June 21 1869 he was again sent over to S.Q. from El Dorado Co. for 3 years. July 25th 1874 he broke jail in this city amd [sic] was afterwards captured and sent to S.Q. for 2 years for breaking and injuring jail. Jan 29th 1877 was sent over to S.Q. from Butte County for 5 years Burglary. Fenruary [sic] 21st 1893 was sent again to S.Q. for 7 years from Kern County for Burglary. After coming out he was picked up at San Jose in 1897 and charged with Vagrancy and sent to jail there from whence he made his escape but was latter [sic] picked up and served out his time. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 13. James Nanny (committed to the Industrial School for burglary in 1882 andagain in 1884 – later spent time in San Quentin and Folsom – last recordedarrest was in 1919 for burglary) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 14. San Francisco Industrial School (following construction of the second wing c1863) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 15. Life in the Industrial School Daily Routine• At 5 1/2 oclock, A.M., they are called up, and from that time to half past six they are preparing for breakfast; immediately after that meal is over, they are taken out to work - not light mechanical business, forsooth, but to use a pick and shovel in grading the hill at the back of the building; such labor that is not only much too heavy for their strength, but in which a couple of Irishmen would do more in half a day than the entire corps of twenty-two boys, (the present number in this institution,) could perform in a whole week. At noon, dinner is served up; from one oclock to half past two, they are employed at picking and shoveling, same as in the morning; at three oclock they go to school until half past five; supper is given at six; at seven oclock they again go to school until half past eight; and at nine they are sent to bed. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 16. Commentary on the Industrial SchoolThis strict regimen and prison-like configuration led localobservers to question the veracity of school proponent’sclaims: – after passing into the sleeping quarters of the boys, and looking at the iron-barred windows, and the little brick cells with small iron gratings in the doors, the first impression was, ‘this is more like a prison than an Industrial School.’ It is true that several of the youthful inmates have sought to make their little cells as inviting as possible by pasting engravings from illustrated papers on the wall – and even these, on the morning of the day of our visit, some crusty and self-important personage of the old fogy school requested that “them things” should be “torn down.” 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 17. Commentary on the Industrial School Visitor Impressions“How is it possible that, with such a routine of daily employment, they canpossibly be improved in morals, and which is the great and laudable aim ofthe founders of the institution? There is no gymnasium; no workshop; nosuitable play-ground, so that now they are all huddled together in thebasement story, in front of their cells, during the little time allowed them forleisure. Indeed they are made to feel by far too much that they are juvenileprisoners, rather than boys and girls who are placed there by a generouspublic, for their physical, mental, and moral improvement… How is itpossible that, with such a routine of daily employment, they can possibly beimproved in morals, and which is the great and laudable aim of the foundersof the institution? There is no gymnasium; no workshop; no suitable play-ground, so that now they are all huddled together in the basement story, infront of their cells, during the little time allowed them for leisure. Indeed theyare made to feel by far too much that they are juvenile prisoners, rather thanboys and girls who are placed there by a generous public, for their physical,mental, and moral improvement…” 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 18. Work in the Industrial School• Carpenter shop photo• Shoe making shop photo 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 19. SF Industrial School Laundry Building – (located behind the main building c 1860) The laundry building is where the Industrial School girls were primarily employed. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 20. Escapes and RunawaysRather than compliantly accept their prison-likeconfinement, youths took every opportunity to escape andmake their way back to the City. According to many accountsescape for many Industrial School youths became apreoccupation: – Left to themselves they are constantly plotting mischief, unmistakable evidence of which were noticeable yesterday. One little rogue, not over 10 years of age, with the aid of a common hair comb alone, sawed off a brick from the side of his door; another with a similar implement had industriously dug deep grooves in the wall adjoining his cell… 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 21. Response to Escapes: Wanted Posters• $20 Reward! Ran away from the Industrial School, John Smith., Age, 9 years; height, 4 feet 11/2 inches; complexion fair; eyes, blue; hair, light brown. General appearance: Large head; high forehead; firm, close-set lips; small scar over left eye; bright and intelligent looking. Father dead. Mother living at 49 Blank Street.Or thus:• Escaped yesterday: Tom Brown; 16 years old; dark complexion; black hair; rather coarse features; low forehead; squints with one eye; chews tobacco, and swears terribly. Had on a white shirt, and a good suit of clothes. Father in State Prison; mother dead. General appearance, decidedly bad. Took with him a gold watch and chain. A liberal reward, and all expenses paid for his apprehension. Address, Industrial School Department. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 22. Faults of Discipline: Industrial School PunishmentsBetween the jaws of each a stout, short stick, three-fourths of aninch in diameter, was forced back to the throat and held in place bycords tied around the neck. This gagged them. Then they weredoubled up in front of their knees as they sat, knees up, arms down. Over their arms and under knees was placed a stout stick, and theirhands, brought up in front of their knees, were manacled securely.Thus each was “bucked.” A person “bucked and gagged” must sitdoubled up or roll over on his side. In either position, the pain aftera short time is almost indescribable. The offenders thus fixed, wereleft for the night. One of them was obliged to endure his torture; theother, in his desperation which his agony produced, broke the stickand wrenched from his wrist the strong steel manacles. Yesterdaythey were still in the cells Reform Schools – (The Indus. Sch. of this City – Faults ofDiscipline, THE DAILY BULLETIN, July 14, 1869, at 1). 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 23. Grand Jury Investigation of 1868During the 1868 investigation a delegation conducting an inspectionof the isolation cells discovered five boys, whose ages ranged fromfifteen to nineteen, “shut up in close, dark, damp cells, with nothingto sleep on but the asphaltum floor.” The cell doors were covered toprevent any light from penetrating and inmates were maintained ona diet of bread and water. The following is an account of theincident: “The door was opened and there lay a boy with his face downa narrow crack, where he had been stealing a ray or two of sunlight.The boy was brought out a living skeleton, his face was blanched,he reeled, and blinked his eyes like a bat in the sunshine.He had been in the cell two weeks for running away, but the GrandJurors declared their opinion that a week’s confinement in that holeof utter darkness and breathing stench would make an idiot of anadult.” (THE DAILY DRAMATIC CHRONICLE, 1-3). 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 24. Defense of the Industrial SchoolThe charges against the Industrial School management for the treatment ofinmates were countered by assertions by Captain John C Morrill, a formersuperintendent, that the methods were justified as necessary to control the population. “All can understand how very bad is the influence of this class over the younger inmates. Some of these young men had learned all of crime they could, save that of murder, and even that was twice attempted at the School. Others committed beastly crimes, the very names of which are a curse, upon the younger lads of whom I have spoken; and, because they received a little wholesome punishment for it, a howl of indignation went up from the city, which threatened to engulf all who refused to join in the hue and cry. A few months later, the people were equally anxious to execute sudden and well-deserved vengeance upon one of these same “poor unfortunate children,” for the rape and murder of little Maggie Ryan!” 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 25. Girls and Juvenile Justice in Early California• Girls were initially comingled with boys and housed on one floor of the Industrial School• Girls comprised a smaller percentage of the Industrial School population• Industrial School girls were consigned to domestic chores – primarily at the Industrial School laundry, to prepare them for marriage or domestic servitude– the common practice of 19th century institutions. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 26. Magdalen Asylum (c1910) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 27. Girls were committed for less serious charges than boys 1884 REASON FOR COMMITMENT Boys Girls Leading an idle and dissolute life 40 38 Petit larceny 38 1 Misdemeanor, vulgar language, drunkenness, etc 15 13 Surrendered by parents and guardians as 1 16 unmanageable Malicious mischief 3 0 Attempt to pick pockets 1 0 Total 98 68 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 28. Life in the Magdalen Asylum• Training at the Magdalen Asylum involved long hours of sewing in the facility’s workshop including manufactured household linen, ladies wearing apparel, and embroidery work. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 29. Magdalen Asylum becomes the Saint Catherine’s Training School• In 1906 the Magdalen Asylum moved to Potrero Street and was renamed Saint Catherine Training School. It remained the primary San Francisco institution for wayward girls until 1934 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 30. Police Courts and Juvenile Justice• Primary determiners of Industrial School Commitments.• Ironically, the statute provided greater discretion to police judges in non-delinquent matters. Police courts were limited to sentencing delinquent youths with misdemeanor offenses to six months in the Industrial School. However, youths that were the victims of parental neglect or considered on the path to later criminality were subject to indeterminate confinement up to their eighteenth birthday.• Youths who committed felonies were sent to adult jails. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 31. 19th Century Police Courts:The Foundation for the Futureof Juvenile Courts? 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 32. San Francisco Police Court: Swearingin Ceremony of New Judge (c1925) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 33. Chinese youth and the Industrial School As a result of anti-Chinese sentiment in the 1860s a growing number of Chinese youth in San Francisco were targeted by law enforcement and committed to the Industrial School. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 34. Ex Parte Au PeenChallenging the Industrial Schools Constitutionality 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 35. The California Supreme Court DecidesIt is obvious that these provisions of the Constitution haveno application whatever to the case of this minor child. . . .The purpose in view is not punishment for offenses done,but reformation and training of the child to habits ofindustry, with a view to his future usefulness when he shallhave been reclaimed to society, or shall have attained hismajority. . . . The restraint imposed upon him by publicauthority is in its nature and purpose the same whichunder other conditions, is habitually imposed by parents,guardians of the person and other exercising supervisionand control over the conduct of those who are by reason ofinfancy, lunacy, or otherwise, incapable of properlycontrolling themselves. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 36. San Francisco Boys and Girls Aid Society 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 37. SF Boys and Girls Aid Society and Placing Out• The children were housed by the society for an average of six weeks in a facility donated by Charles Crocker. During this phase the society endeavored “to fit each for an honest and useful future by the implanting of decent personal habits, better tastes and more wholesome inclinations.” At the end of six weeks a placement in a family home was sought. Most of these homes were located far from San Francisco in surrounding rural counties including Contra Costa, Alameda, Fresno, San Joaquin, Tulare, and Merced. Once placed, an agent visited the children three times a year. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 38. California’s First Probation Law: An Alternative to the Industrial SchoolIn applauding passage of the act, San Francisco Boys an Girls Aid Society Superintendent Dooley noted: In connection with this class I might speak of one thing that has been accomplished by the society to prevent the incarceration of delinquent juveniles, who have not passed the reformation period in the Industrial School and jail. This was securing the passage in 1882 of section 1388 of the Penal Code, providing for the probationary treatment of these juveniles. Prior to the passage of that act these children could only be kept in jail and sent to the State Prison 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 39. San Francisco and the USS JamestownIndenturing Delinquents to Merchant Ships 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 40. USS Jamestown 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 41. Glass v. Ashbury In 1875 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 42. The Final FallAs Industrial School superintendent M.A. Smith stated: I know that many of our inmates after leaving our care fall into former bad habits. But this cannot be charged against the institution. They nearly all come from evil associations or wretched localities, and when released is it to be wondered at that they should, in many cases, resume their former associations and become part of the people by whom they are surrounded.In 1892, after a tumultuous thirty-three years, the SanFrancisco Industrial School was ordered closed and theremaining youths were transferred to two new stateadministered reformatories in Ione and Whittier, California.The building was converted to a women’s prison and staffwere dismissed. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 43. Wiped out at Last. The Industrial School Has Passed Into HistoryThe Industrial School Committee submitted an elaboratereport at the meeting of the Board of Supervisors,announcing the practical abolishment of that institution…The judicial department long since denounced it as a“nursery of crime. (Wiped Out at Last. The Indus. Sch. Has Passed Into History, S.F.MORNING CALL, Nov. 24, 1891).” 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013

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